Abstract

After a long delay in drafting, a new Criminal Procedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some striking innovations, most notably changes at the trial stage, which implement the constitutional requirements of adversarial principles. However, it also retains several throwbacks to the past, particularly its preservation of the formal pretrial investigation, during which evidence is parsed and collected in a dossier, which then dominates the trial of the case. The result is that old and new constantly contend with each other. Implementation of the new adversarial procedures is also made difficult by the enormity of the changes demanded by them. This article examines these and other issues in the new Code's implementation over its first five years of operation.

Burnham, William and Kahn, Jeffrey, Russia's Criminal Procedure Code Five Years Out. Review of Central and East European Law, Vol. 33, pp. 1-93, 2008; Wayne State University Law School Research Paper No. 07-35; SMU Dedman School of Law Legal Studies Research Paper No. 00-17. Available at SSRN: https://ssrn.com/abstract=1011821

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